Part V of The EET stipulates prohibited conducts such as corrupting or offering gifts, loan, promises, procurement or agreement to induce any person, a voter or any candidate. S.21.3 of Part V of EET is flawed as it gives exception that an act or transaction shall not be deemed to constitute prohibited practice if it is proved to have been designed to advance the interests of the community fund raising, self help, self reliance or social welfare projects within the constituency as longer has they may have been made before the nominations process or elections campaign as the case may be. My take is that this will be a lacuna of the law itself has it may be used to destroy the very purpose of the law.

Kinyambiss

JF-Expert Member

Kinyambiss

JF-Expert Member

Ok, read the Act.. It is very good (by our standards ) in fact. I think there are problems but it is clearly not on a level that people have claimed. I think one of the major problems is that people who have critiqued this Bill know little or nothing about statutory interpretation.

In my opinion there are several sections that are contentious. They are as follows:

s.11(4) banning donations to private candidates contrary to the ruling of the CA which held that private candidates should be allowed until otherwise decided. So the failure of the Government to amend this Act in accordance with this is a major problem as it contradicts a ruling by our supreme court.

s.12(3)(a) and(b) People have complained that s.12(1) prohibits foreign funding, which i think is absolutely correct because how do you know that it is Tanzanian diaspora and not Iranian or CIA operatives that are funding the parties au Tendwa atakuwa na special UN jurisdiction to investigate outside our borders. This provision is essential but at the same time almost paradoxically cancels itself out by allowing the same practice if done 3 or 1 month in advance of the nomination process with respect to Parliament, President and Councillors. But it is a political balance or at least attempted balance, to be rectified by jurisprudence and/or amendment through public pressure.

s.21(3) This is the one that has been highlighted na BIC kabisaa. Well the reason for leaving that lacuna is because of the floodgates argument, that there would be so many disputes brought before the Courts on this issue and it will be difficult to convict any criminal case because the mens rea would be almost impossible to prove. And since election disputes, especially between candidates are time barred, by the Courts decide and appeals are lodged, 5 years GONE! So this would only serve to cripple our already crippled Judiciary. So again, the lacuna is left because closing it would create an administrative nightmare and would not effectively cull the practice anyway, thus failing any prudent cost-benefit analysis.

Moving on, S.28(3) is one that struck me as a problem given that Tanzania is one of those 'Politburo-type' states in some sense. Providing security to candidates is noble and essential (as done in some other countries such as the US etc), but barring a candidate from hiring private security (which would not really influence voters..as that seems to be the main theme of the Act) seems like the ideal way to spy and possibly harm or undermine the efforts of a candidate.. opposition to be precise.. Agents wa Usalama wa Taifa wako impartial kweli?? This could in turn undermine democracy rather than defend it. This mandatory Government provided security thing is bad, the Act will need to be amended to make it optional.

There are several other minor issue that could potentially be problematic and they will obviously need to be looked at. On the whole, however, this Bill and soon to be Act, will revolutionize political practices in a way and ensure Tanzania stays the most democratic state in this region. It will greatly increase out international prestige (especially relative to our bickering neighbours who all want to kill one another).

It is a major step, towards a freer society, and although there is a long way to go, the aggregate effect is positive. Through this Act, opportunity will be extend to some people with the will and brains to lead to run for different office and challenge the status quo in whatever little way. It is a step. And I will personally advocate for the amendments that are obviously needed now and those that become apparent in once the 'test run' 2010 election has gone through.. But I must say the anti-private candidate provision must be amended immediately because the President will look so stupid for signing a law that directly contradicts a ruling of the CA. But the CA ruling could have been per incuriam (as they appear to have ignored statutory provisions..if they did then they are wrong..its debateable.) In any case the President needs to take care not to look like a fool because whether anyone likes it or not, there are some free thinking people who 'know the law' na wataongea tuu...

In inference I wish to disagree with the frequent hyperbolic statements that have been said about this Bill, that it is 'the worst law in our statute book' and that it will 'destroy democracy'... mara sijui 'it is the worst law' I have ever seen. This is all the talk of the mob which in particular have little regard for. But as stated above, there are major issues that need to be addressed including the possibility of ignoring the supreme judicial court in Tanzania, the CA. This would be very damaging as precedence and the President and the August House would be seen an monkeys of a lower caliber than the average Homo Sapiens.

Serayamajimbo

Senior Member

Serayamajimbo

Senior Member

Ok, read the Act.. It is very good (by our standards ) in fact. I think there are problems but it is clearly not on a level that people have claimed. I think one of the major problems is that people who have critiqued this Bill know little or nothing about statutory interpretation.

In my opinion there are several sections that are contentious. They are as follows:

s.11(4) banning donations to private candidates contrary to the ruling of the CA which held that private candidates should be allowed until otherwise decided. So the failure of the Government to amend this Act in accordance with this is a major problem as it contradicts a ruling by our supreme court.

s.12(3)(a) and(b) People have complained that s.12(1) prohibits foreign funding, which i think is absolutely correct because how do you know that it is Tanzanian diaspora and not Iranian or CIA operatives that are funding the parties au Tendwa atakuwa na special UN jurisdiction to investigate outside our borders. This provision is essential but at the same time almost paradoxically cancels itself out by allowing the same practice if done 3 or 1 month in advance of the nomination process with respect to Parliament, President and Councillors. But it is a political balance or at least attempted balance, to be rectified by jurisprudence and/or amendment through public pressure.

s.21(3) This is the one that has been highlighted na BIC kabisaa. Well the reason for leaving that lacuna is because of the floodgates argument, that there would be so many disputes brought before the Courts on this issue and it will be difficult to convict any criminal case because the mens rea would be almost impossible to prove. And since election disputes, especially between candidates are time barred, by the Courts decide and appeals are lodged, 5 years GONE! So this would only serve to cripple our already crippled Judiciary. So again, the lacuna is left because closing it would create an administrative nightmare and would not effectively cull the practice anyway, thus failing any prudent cost-benefit analysis.

Moving on, S.28(3) is one that struck me as a problem given that Tanzania is one of those 'Politburo-type' states in some sense. Providing security to candidates is noble and essential (as done in some other countries such as the US etc), but barring a candidate from hiring private security (which would not really influence voters..as that seems to be the main theme of the Act) seems like the ideal way to spy and possibly harm or undermine the efforts of a candidate.. opposition to be precise.. Agents wa Usalama wa Taifa wako impartial kweli?? This could in turn undermine democracy rather than defend it. This mandatory Government provided security thing is bad, the Act will need to be amended to make it optional.

There are several other minor issue that could potentially be problematic and they will obviously need to be looked at. On the whole, however, this Bill and soon to be Act, will revolutionize political practices in a way and ensure Tanzania stays the most democratic state in this region. It will greatly increase out international prestige (especially relative to our bickering neighbours who all want to kill one another).

It is a major step, towards a freer society, and although there is a long way to go, the aggregate effect is positive. Through this Act, opportunity will be extend to some people with the will and brains to lead to run for different office and challenge the status quo in whatever little way. It is a step. And I will personally advocate for the amendments that are obviously needed now and those that become apparent in once the 'test run' 2010 election has gone through.. But I must say the anti-private candidate provision must be amended immediately because the President will look so stupid for signing a law that directly contradicts a ruling of the CA. But the CA ruling could have been per incuriam (as they appear to have ignored statutory provisions..if they did then they are wrong..its debateable.) In any case the President needs to take care not to look like a fool because whether anyone likes it or not, there are some free thinking people who 'know the law' na wataongea tuu...

In inference I wish to disagree with the frequent hyperbolic statements that have been said about this Bill, that it is 'the worst law in our statute book' and that it will 'destroy democracy'... mara sijui 'it is the worst law' I have ever seen. This is all the talk of the mob which in particular have little regard for. But as stated above, there are major issues that need to be addressed including the possibility of ignoring the supreme judicial court in Tanzania, the CA. This would be very damaging as precedence and the President and the August House would be seen an monkeys of a lower caliber than the average Homo Sapiens.

Mzee Mwanakijiji

Platinum Member

Mzee Mwanakijiji

Platinum Member

Ok, read the Act.. It is very good (by our standards ) in fact. I think there are problems but it is clearly not on a level that people have claimed. I think one of the major problems is that people who have critiqued this Bill know little or nothing about statutory interpretation.

In my opinion there are several sections that are contentious. They are as follows:

s.11(4) banning donations to private candidates contrary to the ruling of the CA which held that private candidates should be allowed until otherwise decided. So the failure of the Government to amend this Act in accordance with this is a major problem as it contradicts a ruling by our supreme court.

This is true and it is a big problem as it stands right now. But not just that.. forcing all contributions to go to a a political party and all expenses should of the election to have to be incurred by a political party is fundamentally problematic and I will unconstitutional.

s.12(3)(a) and(b) People have complained that s.12(1) prohibits foreign funding, which i think is absolutely correct because how do you know that it is Tanzanian diaspora and not Iranian or CIA operatives that are funding the parties au Tendwa atakuwa na special UN jurisdiction to investigate outside our borders. This provision is essential but at the same time almost paradoxically cancels itself out by allowing the same practice if done 3 or 1 month in advance of the nomination process with respect to Parliament, President and Councillors. But it is a political balance or at least attempted balance, to be rectified by jurisprudence and/or amendment through public pressure.

s.21(3) This is the one that has been highlighted na BIC kabisaa. Well the reason for leaving that lacuna is because of the floodgates argument, that there would be so many disputes brought before the Courts on this issue and it will be difficult to convict any criminal case because the mens rea would be almost impossible to prove. And since election disputes, especially between candidates are time barred, by the Courts decide and appeals are lodged, 5 years GONE! So this would only serve to cripple our already crippled Judiciary. So again, the lacuna is left because closing it would create an administrative nightmare and would not effectively cull the practice anyway, thus failing any prudent cost-benefit analysis.

Moving on, S.28(3) is one that struck me as a problem given that Tanzania is one of those 'Politburo-type' states in some sense. Providing security to candidates is noble and essential (as done in some other countries such as the US etc), but barring a candidate from hiring private security (which would not really influence voters..as that seems to be the main theme of the Act) seems like the ideal way to spy and possibly harm or undermine the efforts of a candidate.. opposition to be precise.. Agents wa Usalama wa Taifa wako impartial kweli?? This could in turn undermine democracy rather than defend it. This mandatory Government provided security thing is bad, the Act will need to be amended to make it optional.

There are several other minor issue that could potentially be problematic and they will obviously need to be looked at. On the whole, however, this Bill and soon to be Act, will revolutionize political practices in a way and ensure Tanzania stays the most democratic state in this region. It will greatly increase out international prestige (especially relative to our bickering neighbours who all want to kill one another).

In inference I wish to disagree with the frequent hyperbolic statements that have been said about this Bill, that it is 'the worst law in our statute book' and that it will 'destroy democracy'... mara sijui 'it is the worst law' I have ever seen. This is all the talk of the mob which in particular have little regard for. But as stated above, there are major issues that need to be addressed including the possibility of ignoring the supreme judicial court in Tanzania, the CA. This would be very damaging as precedence and the President and the August House would be seen an monkeys of a lower caliber than the average Homo Sapiens.

to brand some of us who oppose this law as to be "the mob" is injustice to our reasoning and a direct assault to our competence to rationally propose arguments. Siamini kwa vile wewe unaiunga mkono ina maana you belong to a certain superior group (not a mob of course!).

Maana watu wakibanwa na itakuwa ngumu kwa wote, wagombea wabaya na wazuri, lakini mwisho wasiku watajifunza tuu. Watanzania ni watu waajabu sana sana..I think hanging-out with intellectuals sometimes makes us forget the real population ya watanzania iko vipi. The type of people that hawapo Dar es salaam beyond a negligible number. Case: Mama Kilango recently got attacked huko Same Mashariki na watu kisa amekataa kutoa posho! Can you imagine this, hawa watu ni n'gombe, that woman has been at the forefront of Parliamentarians who took their constituents seriously lakini wamemgeuka kisa wanataka elfu 2000 mbili sijui. These type of culture is what must be killed first..then we can deal with the problems of balancing this area of law. Its a process lakini kama kutakuwa na enough pressure kwakweli by 2015 tuwe na private candidates and a good regime yakucontrol these things bila kumpa Tendwa too much power as this Act does.

Nadhani kunahaja ya wabunge wetu kuwa na elimu zaidi ya ilvyo sasa. There are some very unscrupulous people eti wabunge.. How can we mandate our laws and our interests to be overseen by people with limited insight and a sub-par level of education (natural endowment notwithstanding).. Haiwezekani mtu hana degree akawa mbunge, hiki kitu itabidi kibadilike in the next 10 years, otherwise ni shida.

Tanzania has to be led by the best minds, not religious affiliations, clan and tribal kinship sijui ujinga ujinga gani, all forms of patronage..sijui mtoto wa Kikwete... non of that crap. If people knew the challenges we face in this Century, sijui itakuaje mi ata sielewi.